Fwd: RE: [GreenYes] AB939 fines? -Reply

[Gary Liss <gary@garyliss.com>]

Joe,

Chris Peck clarified your point exactly, after I sent out the release I 
got.  Is it old news?  It is  the only answer to the question posed.

However, you are correct, that the goal of the CIWMB is NOT to fine anyone, 
but rather to use the fining authority in the law to get the attention of 
communities that otherwise might not want to meet this challenge.  The 
CIWMB has placed many communities on compliance orders that have not met 
the requirements of AB939, and are working with those communities through 
their Office of Local Assistance to help them figure out how to rise to 
this occasion.

In addition, AB939 was clarified with amending legislation to more clearly 
define when communities should be fined.  If communities have developed 
their Source Reduction and Recycling plans and implemented them in "good 
faith," it is very unlikely that they will be fined.  The amending 
legislation defines what "good faith" means, and provides a variety of 
opportunities for communities to request extensions from the 2000 goal of 
50% waste diversion from landfills.  It is likely than some communities may 
not achieve 50% until 2003, and still be in compliance, working through 
this system.

Finally, as Chris Peck points out, the year 2000 data does not have to be 
filed until August, so it will be a while before we know exactly how well 
we've done.  Preliminary estimates have us at 42% waste diversion statewide 
now, I believe, but those are only estimates.

Gary Liss

From: "Peck, Chris" <cpeck@CIWMB.ca.gov>

This release identifies what I believe are the only fines ever issued by the
board and they relate to the 25 percent 1995 goal. We don't yet have the
2000 reports -- they're due August 1 -- to begin the formal analysis of
jurisdictions' success in meeting the 50 percent goal.

>From: "Joe Truini" <jtruini@crain.com>
>
>This story has nothing to do with any of the communities being fined for 
>missing the 2000 50-percent target. This is an old story, perhaps from 
>1997. California cities have until later this year to submit their figures 
>for the year 2000. So the answer to the question is, no, the state has 
>fined no one for missing the goal. In fact, cities who miss the goal can 
>file for extensions so I doubt anyone will ever be fined for missing the 
>50-percent diversion goal.
>
>
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Gary Liss
916-652-7850
Fax: 916-652-0485